Cobb+Badnarik+Kerry/Edwards add TAMPERING to the Civil Suit

[Iceburg]

From Raw Story March 18, 2005
The lawyers for Green presidential candidate David Cobb and Libertarian presidential candidate Michael Badnarik, along with Kerry-Edwards 2004 have added election tampering to a civil suit filed against the state of Ohio over problems with the state's recount, RAW STORY has learned.

The suit, detailed here, alleges that a manufacturer of voting machines, Triad Election Systems, which serves 43 counties in the state, is tampering with the recount. It is unclear exactly what recourse the plaintiffs' seek; the filing adds on to an original suit to have the recount take place before Ohio electors meet, which failed in the courts. Green Party spokesman Blair Bobier said the party hoped to reform the recount process and suggested Ohio should secure or impound voting machines.

more http://rawstory.com/exclusives/kerry_ohio_suit_1215.php

[Peace Patriot]

1. Well, well, well!!! Thanks for this post! n/t

[garybeck]

2. are you sure this is new?

I've noticed before on Raw Story that the top line of their news pages always says the current date, not the date of the story. The filename of this story has the date 12/15 in it. I thought this already happened. as well the PDF doc they show of the court filing is dated 12/15.

Is anyone sure this is new?

I would think it would be on the front page of Rawstory if so.

[merh]

4. That appears to be an old article - from December

The latest filings in the case are listed below. Please note that Arnebeck has not filed any motion to intervene and Kerry/Edwards has not filed any pleading to drop out. In fact, Kerry/Edwards continues to be involved in the litigation.

============================================
03/01/2005 57 NOTICE by Counter Defendant J Kenneth Blackwell re 52 Order on Motion to Dismiss, on position about transferring the case to the Northern District of Ohio (Coglianese, Richard) (Entered: 03/01/2005)
02/24/2005 56 MOTION for Hearing by Intervenor Defendant KERRY-EDWARDS 2004 INC. (Attachments: # 1 Affidavit Declaration of Donald J. McTigue# 2 Exhibit Recount Witness Summary)(McTigue, Donald) (Entered: 02/24/2005)
02/24/2005 55 NOTICE by Intervenor Defendant KERRY-EDWARDS 2004 INC Regarding Position on Transfer Question (McTigue, Donald) (Entered: 02/24/2005)
02/23/2005 54 NOTICE by Defendants David Cobb, Michael Badnarik, National Voting Rights Institute, Counter Claimants National Voting Rights Institute, David Cobb, Michael Badnarik of Filing of Statement of Position on Transfer Question (Kerger, Richard) (Entered: 02/23/2005)
02/14/2005 53 RESPONSE in Support re 32 MOTION to Dismiss for Lack of Jurisdiction filed by Counter Defendant J Kenneth Blackwell. (Coglianese, Richard) (Entered: 02/14/2005)
02/14/2005 52 ORDER granting 41 Defendants' Motion to Dismiss Plaintiff's original complaint. The parties are directed to file within fifteen (15) days of the date of this Order, Statements of Position as to whether this action should be transferred to the Northern District of Ohio and joined with the earlier filed case of Rios v. Blackwell, 3:04-CV-7724 . Signed by Judge Edmund A Sargus on 02-14-2005. (dh) (Entered: 02/14/2005)
02/11/2005 51 MOTION for Hearing by Defendants David Cobb, Michael Badnarik, National Voting Rights Institute, Counter Claimants National Voting Rights Institute, David Cobb, Michael Badnarik. (Kerger, Richard) (Entered: 02/11/2005)
02/04/2005 50 RESPONSE in Opposition re 42 MOTION to Dismiss amended complaint - "Corrected Version" filed by Counter Claimant National Voting Rights Institute, Defendant National Voting Rights Institute. (Kerger, Richard) (Entered: 02/04/2005)
02/03/2005 49 RESPONSE in Opposition re 42 MOTION to Dismiss amended complaint filed by Defendants David Cobb, Michael Badnarik, National Voting Rights Institute, Counter Claimants National Voting Rights Institute, David Cobb, Michael Badnarik. (Kerger, Richard) (Entered: 02/03/2005)

(snip)

====================================
http://pacer.psc.uscourts.gov/register.html

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=104&topic_id=3288432&mesg_id=3290684&page=

[Wilms]

5. Merh, can you lay a link down for that?

Thanks. :)

[merh]

6. You can go to pacer and search the dockets in federal cases

yourself.

http://pacer.psc.uscourts.gov/register.html

[Wilms]

7. You are the Legal Beagle. Thanks.

[merh]

8. Cool image! Thanks.

[garybeck]

9. Raw Story needs to fix their setup

articles should show the date of publication, not the current date. that is very confusing.

[merh]

10. It does show it in the UL or link!

It also reflects it is in the archieves.

[garybeck]

21. yeah but that's confusing

every other news outlet puts the date of the story at the top of the page.

[merh]

23. So write them and ask them to consider changing it.

It was not that hard to figure out. :shrug:

[MissWaverly]

11. please, may I ask a stupid question

Is there any chance at all that this will ever be heard or is this just going to be an endless series of motions with no accountability as Blackwell set his sights on being elected governor. Not cynical, I'm just wondering what are the odds.

[Wilms]

12. Wait! I think I see something......yeeesssssss...

[MissWaverly]

13. so you think it's just a paper chase

I don't mean to sound cynical but this is March, and I have not seen Kenneth Blackwell on the witness stand yet, do you think there's any chance.

[Wilms]

14. This will be one opportunity for him to tell his side of the story.

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=203x345730

[MissWaverly]

15. Thanks, made my day

this is really news to me, what a relief! I hope that there is real information here, not just another stonewall act.

[merh]

16. No one can predict what the court's will do. That is the problem

with litigation such as this and the election contest litigation. That is why all those in this forum that bash Kerry for not fighting "the way Gore did" are so misguided and naive. They think litigating the issues is easy and quick. Kerry being an attorney knew differently. There is nothing quick about litigation, there is nothing certain about litigation. I guess it comes from watching too many episodes of law & order, things happen, are investigated and resolved in an hour.

Though the federal courts have rules that on paper provide time limits and strict structure relative to the life of litigation, there are many factors that come in to play.

What do you do if the judge decides not to decide? :shrug: Do you take the chance of trying to force the judge to come up with a decision in a timely fashion and run the risk of pissing off the judge? I know of one federal case that the judge sat on the decision for 4 years.

I know of one criminal matter that has had 4 trial dates in the last 2 years, despite the demand of the accused for a speedy trial as guaranted by the constitution.

Bottom line, no one knows what the court will do and when the court will decide what it will do.

[Wilms]

17. .

:thumbsup:

[kster]

18. Do you think

Kerry does these petition letters to get a feel for his public support, seems to me he does a petition,then makes a step forward on the case? Also could the court be waiting for public support to die down and then possibly, if it did die down Axe the case? And or if support continues for Kerry maybe they will feel obligated to give a fair decision ?

[merh]

19. The influence of politics in our courts is horrendous, the judge

is probably battling all sorts of demons, outside influences and internal conflicts of conscious.

Kerry knows he won, Momma T let us know that with her attack on the repukes that own the voting systems. He is trying to reach out to those of us that supported him to give us a forum and to remind us that we have a voice and can make a difference. We all too often forget that we can make a difference. Kerry and the other dems in congress need our support, we have to make noise and scream out every time they try to pass legislation that is detrimental to the citizens. The more involved we are, the more empowered the dem leaders in congress, including Kerry, are.

The repukes throw around their weight because they think they can get away with it. We let them if we don't take steps to oppose them.

The petitions, the telephone calls and faxes and emails to congress opposing the cuts to medicaid, the cuts to cdbg grants and the funding of ANWAR all helped the dem leaders take a stand against the legislation and even made some repukes vote against their party's wants. Kerry is encouraging us to be pro-active and to take part in our government. They need us to combat the evil of the the weed's admin and if we just sit back and do nothing but bitch, then we have empowered the repukes.

IMHO.

[MissWaverly]

20. thanks for this

I needed some input here, I have been reading this material but I did not understand how much leeway the judge has like the case where they were trying to bring sanctions against the attorneys in Ohio who contested the election. I had donated so that they would have money for copying evidence but had not heard of any outcome.
Thanks for clarifying this.

[merh]

22. You are welcome & a belated welcome to DU!

:hi:

The article linked in the thread below may help you appreciate how much time litigation involving election contests can actually take. It discusses a 2003 election and subsequent contest. Of course, it is being ignored, I have come to the conclusion that most on DU would rather bitch and moan and bash our side than accept the cold hard truth that election contests aren't easy and no one "gave up" they just decided to fight the battle in a different way (Hold the weed's feet to the fire and battle him and his minions in congress at every turn. Reach out to the citizens and let the grassroots give them strength and be heard.)

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=203x346264

[MissWaverly]

24. thanks for the welcome

I don't think that we're really bashers, the other night when I gave the link how we could contribute to the DNC and have DU get credit, a lot of people said thanks for the link. For those of us that are just average joes, a lot of this is over our heads and we are not sure what to do, I have sent e-mails to my Sen. B. Mikulski, sent contributions to Boxer, Dean, Kerry, my local dems and the DNC, and the greens and the Freepress support of the legal case against sanctions and signed a zillion petitions and did my own primitive analysis of the election in Baltimore City and Baltimore County and filled out an affadavit on what went wrong in Baltimre city to my state BOE but I am not the
pros that you guys are. I am just average dem voter and I sometimes get lost in your postings. What we need here is a thread on election fraud for dummies.

[merh]

25. Fortunately for you, you haven't been here long enough to have

had to suffer the posters that believe Kerry really meant to lose to Bush, it was part of the BFEE's (& Skull & Cross Bones) plan to take over the world and to keep the neo-cons in power.

Many still fault Kerry for not fighting for his office and for conceding too soon. Their anger is misplaced, they should be angry with the BFEE and expend that energy in actively participating in the opposition to his and his minions legislation. (imho) (enough of the rant!)

These links may help you.
http:/www.flcv.com/fraudpat.html
http:/www.flcv.com/newmex.html
http://www.flcv.com/summary.html
http://www.flcv.com/summary.html

[MissWaverly]

26. thanks

I guess my tin hat only has a single layer of tin foil! Still wear my Kerry shirt. I also have a button that reads Jesus loves Republicans but he votes Democratic.

[merh]

27. Love the button!

I still have my K/E sticker on my car and another one that says "Who would Jesus bomb" with images of Jesus holding a child and images of an Iraqi father holding his injured child.

Peace!

[MissWaverly]

28. way to go

you missed the freeper ranting here the other night about how much the KE bumperstickers bugged him, keep it up, for one thing, it shows we are the majority, they're everywhere I noticed them all the time.

[Amaryllis]

29. You can ask all the questions you want. People are great about answering

and are not condescending or judgmental of those who don't know as much.

[pbartch]

3. thanks for the info!!!!!